Below is our most recent press release. We're trying hard to keep this website up to date, but if you are a reading this as an employee of a media organisation, do email or call for the latest information.

PRESS RELEASE 13/02/2012 FOR IMMEDIATE RELEASE

Contact:
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or Caroline Molloy 07931 302507

GLOUCESTERSHIRE PEOPLE POWER ON SHOW AGAIN

Summary: Last week, Thursday 9th February, a Gloucestershire resident discovered that his legal case heard in the High Court in London would not be answered by a defence. Instead, NHS Gloucestershire, the Defendants, agreed not to proceed with their plans to transfer of all nine of the county’s community hospitals and local health services out of the NHS and into a standalone ‘Community Interest Company’ (CIC) in an out of court settlement.

In the recent case, Gloucestershire health bosses had planned to transfer the county’s community health services, including over 3000 NHS nurses, physiotherapists, health visitors and podiatrists (1), out of the NHS on 1st October 2011. At 2.15pm in Court 19 of the Royal Courts of Justice yesterday, NHS Gloucestershire and Michael Lloyd issued a joint statement in which the Primary Care Trust agreed to withdraw plans to transfer hospitals, health clinics and services out of the NHS. They agreed to go back to the drawing board, to consult the local community and health workers about what they want, and to seek NHS options, which do not require a competitive tendering process (2). Maternity and prison health services were transferred to the Acute Trust (Gloucester and Cheltenham Hospitals) and the 2gether Trust (mental health services) last year, which campaigners argue indicates there are at least two possible routes to keep the rest of Gloucestershire's community health services in the NHS.

The joint statement marks the latest stage in a campaign that has involved thousands of people in protests, public meetings, petitions and fundraising (3). Campaigners have pledged to continue to work with health workers, unions and the general public in pushing for the services to remain within the NHS.

James Beecher, Chair of Stroud Against the Cuts said: “We’re winning, but we have not won yet. We will need to continue to work together as citizens and health workers, making our views known, and we will be organising a public meeting as soon as possible (4). We continue to collect signatures on our online ‘Keep Gloucestershire’s NHS Public petition (5). As Nye Bevan said, “The NHS will continue to exist for as long as there are folk left with faith to fight for it”. We hope our local health services will more remain in the NHS, publicly owned and accountable, for many years to come.”

Caroline Molloy, a spokesperson of Stroud Against the Cuts, added: “We are delighted that options for community health services in Gloucestershire to remain within the NHS are now back on the table. This is what the community wanted. This outcome would not have been possible without the work and support we have received from the people of Gloucestershire”

Statements of support have been flooding in from members of the public, health staff and national figures (6), many of these are available on the Stroud Against the Cuts website: www.stroudagainstcuts.co.uk (7), along with further information about the case.

We don't have a comment facility on our website unfortunately (we are trying to sort this out!), so are substituting for one by uploading messages we have received from people (including NHS staff) following the outcome of the legal case below. We have received a LOT of messages and we're really busy at the moment so it will take us some time to upload these, this is very much a page 'under construction' at present.

Messages from health workers and NHS Gloucestershire staff (these have been kept anonymous to protect those involved):

"Just wanted to say thank you to you all for all your hard work. When the statement came through, via email, at half 12 on Thursday, the whole department was buzzing. My colleagues were all smiling. I don't think they were ever that bothered by the delays to the CIC anyway - even though bosses kept saying we were! But Thursday was one of the best days in recent years. Thank you again for getting the NHS options back in play. They have told us that there will be proper consultation this time and the NHS options will be viewed first. Only then can they even consider looking elsewhere. After all their scaremongering about competitive tendering, this is really great news. It is time all the staff realised that tendering only has to happen if private companies are to be considered. Let's keep NHS services where they belong - in the public sector and in the public domain - not behind closed doors.
Thank you!" - Anonymous, Gloucestershire.

"I would like to say thank you for all the hard work that has been put into saving our NHS in Gloucestershire. The news is great well done. The only way is up, might take some work but can see light at the end of the tunnel. Can't tell you how pleased I am that we have got this far. I truly believe that it is the Patients interest that these services remain in the NHS. The NHS is a fantastic service and worth fighting for. A feeling much more positive Member of NHS Gloucestershire!” Anonymous.

"Thank you to all who worked hard on the legal challenge to Gloucestershire NHS, for giving us hope. As a retired nurse who worked for over 40 years for the NHS I have been devastated by the recent proposals for its ‘so called reform’ nationally and locally. As co-ordinator of two Alzheimer cafes in the Stroud area, I have also been deeply concerned about potential losses of community services to people with dementia and their families. The statement that NHS Gloucestershire will start a new process to explore the best option for providing community services in Gloucestershire, which will include other NHS bodies, is indeed welcome. However we will need to keep up public pressure to make it abundantly clear that we want to keep our services within the NHS" - Jo Smith, Nailsworth (name included as retired)

Messages from members of the public living in Gloucestershire, including elected representatives (in chronological order of receipt):

"Congratulations and thanks to all of you" - Anonymous.

"Thank you friends at Stroud against the Cuts for your vital work. It was wonderful to see the online petition growing before our eyes, and then for Gloucestershire NHS to drop its plans. We will keep spreading the message. Best wishes"- Sophie Ayre, Leonard Stanley

“Congratulations on achieving an astonishing victory against NHS Gloucestershire, who were clearly prepared to spend taxpayers money defending the indefensible until they saw the writing on the wall. The contempt for democracy shown towards the public and NHS staff has backfired spectacularly. The proper public consultation which will now follow must include the option for community health services in Gloucestershire to remain within the NHS” – Andrew Causon, Cheltenham.

“I know there's lots more to, but what a fantastic outcome from a combination of the determination and commitment of the few, the support of many and one remarkable elderly man. Those in authority in the NHS responsible for this debacle should be asking themselves how they got this so wrong, as should the Chair of the County Overview & Scrutiny Committee who deemed this change not even worth the committee's time and the local MP whose input was so supportive of the local NHS position. It's a sad commentary on our democratic institutions that the public's wishes need a judge to ensure that they get any kind of consideration. Onward now to a public NHS solution”, Gerald Hartley.

“Huge thanks and congratulations to all those who have made this possible. Many doubted this could be achieved. This is a significant blow to those seeking to privatise our NHS. Yes there is much to do - commercial companies are still seeking to cash in on the multi-billion pound opportunity to run NHS hospital services. But we have a chance; people are waking up to the threat and demanding in ever louder voices that our health service must remain publicly owned and accountable. Now is the time to help ensure Gloucestershire the community services in Gloucestershire remain provided by a NHS body”, Cllr Philip Booth, Stroud District councillor for Randwick, Whiteshill and Ruscombe ward (Green).

"I was pleased and proud at the outcome of the Judicial Review. We now have an opportunity to keep our community services within the NHS and we must grab this chance with both hands. More than anything I would like to thank Michael Lloyd for taking the legal action forward. He is a real hero and the people of Stroud should always be indebted to him", David Drew, Stroud District councillor for Farmhill and Paganhill and Labour Parliamentary candidate.

Messages from our fellow Gloucestershire anti-cuts groups who also supported Michael Lloyd's case, and helped tremendously in getting us to this point:

"Congratulations to everyone involved - an amazing effort has given us another chance to Keep The NHS Public in Gloucestershire. As fellow campaigners we look forward to working with you and others in the County to translate this opportunity into the best possible outcome - community health services in Gloucestershire must remain within the NHS" - Cheltenham Against Cuts

Messages from campaigners working to defend the NHS nationally:

Professor Wendy Savage, Keep Our NHS Public: "This is a WIN! A triumph for democracy and congratulations to... the group in Stroud who have worked so hard to achieve this." (See Prof Wendy Savage's talk last November in Stroud about the threat to our NHS at: http://youtu.be/TJ_kfWhyj94)

Statements made by unions and professional bodies, reacting to the outcome of the court case:

Unite reaction to Gloucestershire PCT judicial review decision, Thursday9th February 2012: “Unite, the country biggest union, has responded to today’s (Thursday, 9 February) Judicial Review decision into the outsourcing of community health services, by reiterating the union’s commitment to ensuring that health services remain within the NHS. Gloucestershire Primary Care Trust agreed not to implement its decision to enter into a contract with Gloucestershire Care Services – a social enterprise organisation. The decision relates to the Judicial Review brought before the court by a Gloucestershire resident in a bid to stop the transfer of all nine of the county’s community hospitals and local health services out of the NHS and into a standalone ‘Community Interest Company’ (CIC). Unite national officer, Rachael Maskell said: “We believe that Gloucestershire Primary Care Trust should remain in the NHS and will continue to campaign to secure this. This outcome shows that proper procedures must be followed, including proper consultation with the workforce. This is another spanner in the works for David Cameron’s damaging health reforms and is an example of how under his plans public money will be wasted on lawyers rather than patients.” See: http://www.unitetheunion.org/news__events/latest_news/unite_reaction_to_gloucestersh.aspx

Statement from Stroud Against the Cuts, one of the local anticuts groups that supported the case.

James Beecher from SATC said: "We are delighted that options for community health services in Gloucestershire to remain within the NHS are now back on the table. This is what the people of Gloucestershire wanted. This outcome shows what can be achieved, and gives the people of Gloucestershire, health workers and health unions the opportunity to continue to work together to defend our local NHS hospitals and services."

Caroline Molloy, also from SATC, added: "It will continue to be crucial for people to make their views known, and we will be organising a public meeting as soon as possible. We continue to collect signatures on our online petition. We would like to thank everyone who has supported us. As Nye Bevan said, "The NHS will continue to exist for as long as there are folk left with faith to fight for it." We hope our local health services will remain in the NHS, publicly owned and accountable, for many years to come."

Click Read More for contact information and the statement issued by Michael Lloyd and NHS Gloucestershire (or click here for the statement alone: http://www.stroudagainstcuts.co.uk/fightback/healthcarecuts/38-healthcare/110-joint-statement-from-nhs-gloucestershire-and-michael-lloyd-claimant-in-the-judicial-review.html).

The following text has been issued by the High Court. Copies are available from Stroud Against the Cuts:
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In a joint statement issued today, NHS Gloucestershire and claimant Michael Lloyd said: "Both parties agree that the public of Gloucestershire deserve the best possible NHS services. We recognise the need for efficient use of public funds and believe that an end to legal proceedings is in everyone's interest - particularly patients. NHS Gloucestershire is pleased to be able to report that it has agreed terms to settle the Judicial Review brought by Gloucestershire resident, Mr Michael Lloyd. The PCT recognises that it is important to maintain the confidence of patients, public and staff in decisions made concerning NHS services in our county. Accordingly, and in view of the matters raised in court and without in any way accepting that there is merit in the legal complaints made by Mr Lloyd, the PCT has agreed not to implement its decision to enter into a contract with GCS at this time. The PCT has agreed that it will start a new process to explore the best option for providing community services in Gloucestershire. As part of that process, NHS Gloucestershire will advertise for expressions of interest for the provision of NHS services in Gloucestershire. The PCT will take necessary steps to ensure an appropriate level of staff and public engagement. Following this step, the PCT will then make a decision concerning whether to enter into arrangements with another NHS body for the provision of community healthcare services in Gloucestershire or whether its preferred option is for the provision of services through a different arrangement, including the possibility of such services being provided by a Community Interest Company. The relevant community services are presently being delivered by staff employed by the PCT. This arrangement will continue whilst these processes are followed through. Mr Lloyd acknowledges that the PCT has responded properly to local concerns by taking the above steps and is grateful to the PCT for doing so. NHS Gloucestershire acknowledges that this has been a difficult time for care services staff and they want an outcome which is the best for staff and patients alike. They also wish to minimise as far as possible uncertainty for its dedicated and professional staff."

Summary: A Gloucestershire resident takes to the High Court in London tomorrow, Wednesday February 8th in a bid to stop the transfer of all nine of the county’s community hospitals and local health services out of the NHS and into a standalone ‘Community Interest Company’ (CIC). Gloucestershire health bosses’ plans to transfer the county’s community health services, including over 3000 NHS nurses, physiotherapists, health visitors and podiatrists (1), out of the NHS in October 2011 have been halted due to the legal action and a campaign in Gloucestershire that has involved thousands of people in protests, public meetings, petitions and fundraising (2).

If successful in today’s permissive hearing, the case will then proceed to full Judicial Review the following day (Thursday 9th) in the High Court in Aldwych, London. The case will be heard from 10.30am to 4.30pm on both days.

The case is being taken by Michael Lloyd, 75, a retired railwayman from Stroud, Gloucestershire. Mr Lloyd said: “I’m worried that if local health services leave the NHS they will be more vulnerable to cuts, more fragmented, more bureaucratic and less accountable. Staff tell me they are frightened for their future, and have had no say in leaving they NHS they take pride in working for.”

Solicitors for Mr Lloyd, Leigh Day & Co (2). are bringing a case that NHS Gloucestershire has acted unlawfully by not allowing proper consideration of other options, including those that would keep local health services in the NHS. Rosa Curling of Leigh Day & Co. said: “NHS Gloucestershire had a number of options open to it, some of which would allow the community services in the area to remain provided by a NHS body. They failed to properly consider these options and their subsequent decision to award the contract to the social enterprise company is therefore unlawful.”

Caroline Molloy from local anti-cuts campaigners Stroud Against the Cuts (3), who are supporting Michael Lloyd’s case, said: “NHS bosses are using harmless sounding terms like social enterprise and making baseless claims about their potential benefits. But experience from other areas shows that where social enterprises have taken over services, patient care has suffered due to higher costs, and the need to turn a profit. Even where health social enterprises have been praised, once services have been transferred out of the NHS they have been forced to compete with multinational health companies waiting in the wings, and have been unable to, as in Central Surrey.”(4)

A National Audit Office report last year described health social enterprises (such as CICs) as “a first step towards stimulating a market” in the NHS (5). People across the region remain largely unaware that, even before the passage of the widely opposed Health & Social Care Bill (returning to parliament today), much of the South West’s community health services were transferred out of the NHS in October last year.

Dr John Lister of national campaign group Health Emergency said: “It is vital to expose this type of deal to public scrutiny, despite the determination of health bosses to keep them under wraps. It is a scandal that changes like this, which can have a huge effect both on the vulnerable people that use these services, and on the livelihoods of thousands of healthcare workers have been taken behind closed doors.”

Despite assertions to the contrary, John Lister adds “There is no compulsion on health bosses to open these services up to social enterprises or the private sector: in most of England community health services continue to be successfully provided by the NHS, and that's how it should be in Gloucestershire.”

If successful in the court hearing, campaigners pledge to do everything in their power to raise awareness of the situation and force local NHS bosses to listen to the public and keep services in the NHS.